FAQ: Medical Malpractice

What is Medical Malpractice?

Medical malpractice is negligence committed by a professional health care provider, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.

Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

There are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from standard of care applicable to the procedure.

What should I do if I think I have a medical malpractice claim?

You should talk to a lawyer who specializes in such cases. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. Obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim.

How does a jury determine if a doctor's actions were negligent?

A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician's actions followed standard medical practices, or fell below the accepted standard of care.